REVIEW COMMENTS
M E M 0 RAN DUM
August 3, 1987
TO: CHAIRMAN AND MEMBERS, PLANNING AND ZONING BOARD
FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE: BOYNTON BEACH MALL ANNEXATION APPLICATION
INTRODUCTION
Cormac C. Conahan, agent for Boynton-JCP Associates, Ltd. and the
Lake Worth Drainage District, property owners, is proposing to ;
annex into Boynton Beach a 9.707 acre tract of land, which
includes 6.92 acres of open space preserve and 2.787 acres of
right-of-way for the L.W.D.D. L-23 canal. The subject property
is located at the southeast corner of Javert Street and the
Boynton (C-16) Canal and is zoned CG (General Commercial) in Palm
Beach County (see attached location map in Exhibit A).
The resolution which approved the Development of Regional Impact
(DRI) for the Boynton Beach Mall (Resolution No. R-74-343),
approved by the Board of County Commissioners on May 7, 1974,
sets forth the requirement for preservation of the Pine Savannah
in the northwest corner of the mall tract. The main mall tract,
which was annexed into the City on November 16, 1982, excluded
the Pine Savannah in question, which remained in Palm Beach
County. It was the decision of the developer to exclude the
Pine Savannah from the original mall annexation application.
PURPOSE
It is the intent of the applicant to annex the subject parcel
without submitting concurrent applications for land use amendment
and rezoning. The current CG zoning (Palm Beach County) will
remain intact, as the applicant intends to submit an application
for substantial deviation to the original Boynton Beach Mall DRI.
The developer is considering adding a sixth major anchor
(department) store and to utilize the pine preserve area for
additional parking. If the application for the amendment to the
Development Order is denied, the applicant will then submit an
application for Land Use Element Amendment and Rezoning
consistent with the use permitted by the approved Development
Order and the City's Comprehensive Plan Evaluation and Appraisal
Report. Potential Land Use Conflict Area 50 (P-137) of the
Evaluation and Appraisal Report recommends that this parcel
should be annexed and placed in the "Recreational" land use
category consistent with the existing DRI approval. The
applicant has prepared and submitted, in connection with the
annexation application, an "Annexation Agreement" which, when
endorsed, will provide for the annexation of the pine preserve
without the assignment of a City land use and zoning category at
the present time (see attached legal document in Exhibit B).
PROCEDURE
These applications for annexation, amendment to the Future Land
Use Element of the Comprehensive Plan and rezoning are being
processed consistent with State statutes, and Boynton Beach
Codes, Ordinances and Resolutions as follows:
1. F.S. 163.3161: Local Government Comprehensive Planning
and Land Development Regulation Act.
2. F.S. 166.041: Procedures for Adoption of Ordinances and
Resolutions.
3. F.S. 171.011: Municipal Annexation and Contraction Act.
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4. Boynton Beach Code of Ordinances, Appendix A, Section 3A5(e):
Boundary and Zoning.
5. Boynton Beach Ordinance #79-24.
6. Boynton Beach Resolution #76-X: Procedure for Annexation.
These regulations have been listed for informational purposes.
Paraphrasing, these regulations require review by the City
Department Heads, newspaper advertisements, public hearings with
the Planning and Zoning Board and City Commission, and Commission
adoption of ordinances to annex.
COMPREHENSIVE PLAN POLICIES
There are three policies in the Comprehensive Plan which address
annexations as follows:
1. "Annex only property which is reasonably contiguous to
present municipal boundaries;"
2. "Annex property only after the preparation of a study
evaluating the fiscal benefits of annexation versus the
costs of providing service;" and
3. "Annex only properties which are of sufficient size to
provide efficient service and on which urban development
is anticipated."
In order to determine the consistency of the Boynton-JCP
Associates, Ltd./Lake Worth Drainage District request with
Comprehensive Plan Policies, each of the three policies will be
addressed individually.
Policy 1 - "Annex only property which is reasonably contiguous to
the present municipal boundaries."
The Boynton-JCP Associates, Ltd./Lake Worth Drainage District
property is contiguous with present corporate limits along its
entire north, east and south property boundaries (approximately
1,884 feet or 61% of its entire boundary). In addition, this
property lies in the path of urban development.
Policy 2 - "Annex property only after the preparation of the
study evaluating the fiscal benefits of annexation versus the
cost of providing services."
In response to policy two, you will find in Exhibit "c" the cost
to the City of annexing this parcel and the dollars returned to
the City in taxes.
Policy 3 - "Annex only properties which are of sufficient size to
provide efficient service and on which urban development is
anticipated."
As previously reported, the Boynton -JCP Associates, Ltd./Lake
Worth Drainage District tract is 9.707 acres in size. It is
anticipated that this parcel will experience urban development if
the future application for substantial deviation is approved.
Otherwise, this parcel will remain as an open space preserve area
and will be designated for "Recreational" land use consistent
with Land Use Conflict Area 50 of the Comprehensive Plan
Evaluation and Appraisal Report.
RECOMMENDATION
The Planning Department recommends that the application submitted
by Cormac C. Conahan, agent for Boynton-JCP Associates, Ltd. and
the Lake Worth Drainage District, for Annexation, be approved as
submitted. This recommendation is based in part on the
following:
1. The parcel is contiguous to Corporate limits;
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2. The parcel lies within a County pocket and it is in the path
of urban development;
3. The parcel is located within the City's municipal service
area.
4. The request is consistent with the Comprehensive Plan
policies for annexation;
5. The request will not impair the value or future use of lands
in the surrounding area; and
6. The cost to serve versus the benefits received indicate a
positive return for the City.
CA~7~~
CSA:ro
cc Central File
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MEMORANDUM
RECEIVEO
TO:
Mr. Carmen Annunziato
Planning Director
DATE: July 10, 1987
J'Hr 13 1981
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FROM: Betty S. Boroni
City Clerk
RE:
Planning & Zon~0 Un~rd
Meeting of 8/11/87
Attached please find a copy of the advertisement for the corner of
the Boynton Beach Mall annexation scheduled to be published in The
Post on July 26 & August 2 for the Planning & Zoning Board meeting
of August 11.
BSB/smk
Attachment
cc: City Manager